FCCC/PA/CMA/2022/10/Add.3
57
XIX. Rule 19: Initiation of a consideration of issues, in accordance
with paragraph 22(b) of the modalities and procedures
1. At least four weeks in advance of each scheduled meeting of the Committee, in
accordance with rule 7, paragraph 1, above, the secretariat shall make available to the
Committee the final technical expert review reports, prepared under Article 13, paragraphs
11–12, of the Paris Agreement and relevant decisions of the CMA that have been issued since
the date on which the secretariat made available to the Committee documentation for its
preceding meeting.
2. For the purpose of paragraph 22(b) of the modalities and procedures, the Committee
will identify cases of significant and persistent inconsistencies of the information submitted
by the Party concerned pursuant to Article 13, paragraphs 7 and 9, of the Paris Agreement,
with the modalities, procedures and guidelines referred to in Article 13, paragraph 13, of the
Paris Agreement, on the basis of the recommendations made in the final technical expert
review reports, any written comments provided by the Party concerned during such reviews
and, as needed, information resulting from liaising with lead reviewers in accordance with
decision 5/CMA.3, paragraph 40.
3. Where the Committee has identified a case of significant and persistent
inconsistencies, it shall promptly notify in writing the Party concerned in order to seek its
written consent to engage in a facilitative consideration of issues under paragraph 22(b) of
the modalities and procedures.
4. Where the Party concerned provides written consent to the Committee to engage in a
facilitative consideration of issues, the Committee shall initiate such facilitative consideration
of issues at its next meeting.
5. In its consideration of such matters, the Committee shall take into account Article 13,
paragraphs 2, 14 and 15, of the Paris Agreement, as well as the flexibilities for those
developing country Parties that need it in the light of their capacities as provided in the
provisions of the modalities, procedures and guidelines for the transparency framework for
action and support referred to in Article 13 of the Paris Agreement as contained in decision
18/CMA.1 and its annex, and any subsequent updates adopted by the CMA.
6. The Committee will consider the need to further develop working arrangements on
the facilitative consideration under paragraph 22(b) of the modalities and procedures. In this
context, the Committee will further develop its understanding of criteria to assess whether
inconsistencies are significant and persistent as referred to in paragraph 2 above, taking into
account the information contained in the reports made available under paragraph 1 above and
the experience gained in identifying cases of significant and persistent inconsistencies.
Provisions of the modalities and procedures relevant to rule 19
“22. The Committee:
(b) May, with the consent of the Party concerned, engage in a facilitative
consideration of issues in cases of significant and persistent inconsistencies of the
information submitted by a Party pursuant to Article 13, paragraphs 7 and 9, of the
Paris Agreement with the modalities, procedures and guidelines referred to in Article
13, paragraph 13, of the Paris Agreement. This consideration will be based on the
recommendations made in the final technical expert review reports, prepared under
Article 13, paragraphs 11 and 12, of the Agreement, together with any written
comments provided by the Party during the review. In its consideration of such
matters, the Committee shall take into account Article 13, paragraphs 14 and 15, of
the Agreement, as well as the flexibility provided in the provisions of the modalities,
procedures and guidelines under Article 13 of the Paris Agreement for those
developing country Parties that need it in the light of their capacities.”